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What to Expect
Washington Apple Health

 

Hearing Process

 

What is a Hearing?

A hearing is when you get to present your case to the judge.  It will be a phone call with the judge and the HCA Representative.  Your notice of hearing will tell you how to participate. 

 

It is your responsibility to call in for the hearing.

 

During the hearing you will tell your side of the case.  You may have witnesses talk.  The judge will discuss any documents you or HCA provided. 

 

You must participate in the hearing.  Otherwise, your case may be cancelled (dismissed).


 

How do I prepare for a hearing?

Your hearing will be held over the phone. Please follow these guidelines for phone hearings:

  1. If using a cell phone, make sure the battery is fully charged.
  2. Try to have good, clear reception. If the judge cannot hear you, your case may have to be rescheduled.
  3. Be in a quiet location.
  4. Allow enough time.  Hearings typically last 1-2 hours.
  5. Do not drive during the hearing.
  6. Do not multitask. The judge will expect your full attention.

 

How do I Participate?

The hearing will be held over the phone.  Read your Notice of Hearing and Prehearing Conference Order carefully.  Follow all instructions closely.  You must call on time.  It is your responsibility to call in at the time of your hearing.

 

If the judge has not joined the call at 10 minutes after your start time, contact OAH at (360) 407-2700 or (800) 583-8271.


 

What is an exhibit?

Exhibits are documents you want the judge to read before making a decision.  In the prehearing conference the judge will tell you when your exhibits are due.  It is important to give all the exhibits to the judge and HCA before the due date.  If you do not, your exhibits might not be considered.

 

Each party may object to the exhibits. An example is that the exhibits do not relate to the case. You cannot object to an exhibit just because you disagree with what it says. You can tell the judge why you disagree when it is your turn to give testimony.  The judge decides whether exhibits will be considered.


 

What is testimony?

Testimony is a statement given under oath.  An oath means that the speaker promises to tell the truth. This is the part of the hearing where each person gets to explain their side of the case. The judge may stop or limit testimony if it is unnecessary.

 

Do not interrupt another person during their time to speak. The judge will allow you a chance to respond to the other person’s statements.


 

What is cross-examination?

When a person is done giving their testimony, the other party may ask them questions. This is called cross-examination.  You may only ask questions.  You may not comment on their testimony or make statements.  If you disagree with what the person said, you may ask the judge to let you testify again.


 

What is a witness?

You are allowed to have witnesses. A witness is someone who will give testimony to support your case. You need to make sure they are available at the time of the hearing.  HCA may also have witnesses. 


 

What are closing statements?

At the end of the hearing, the parties may give closing statements.  A closing statement is your chance to summarize the facts and ask the judge to decide in your favor.  This is not the time to give additional testimony.

 

In most cases, the judge will not look at any new exhibits or testimony after the hearing ends. 


 

What happens if I miss my hearing?

If you miss your hearing, the judge will send out an Order of Dismissal. If you still want your hearing, you must send OAH a written explanation of why you missed your hearing. 

 

You have a limited time to do this.  Please look at your Order of Dismissal for instructions.

 

A time will be scheduled for you to explain to the judge why you missed your hearing.  The judge will decide whether you had a good reason.

 

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Additional Information

Washington State Office of Administrative Hearings | Build Version: 1.04c